(A) Charges for water service shall be billed bi-monthly and shall be due and payable within 20 days of billing. All bills for water service shall be rendered by the city as of the first day of the month succeeding the period for which the service is billed. If the charges for water service are not paid within 20 days after the rendition of the bill for such service, there shall be a penalty imposed of 10% of the amount of the bill. If the charges for water service are paid, but the check for the payment is returned to the city for lack of sufficient funds, there shall be a penalty imposed of $25, and proper payment, including the penalty, must be made to the city within ten days after the city provides written notice that the initial payment was declined. The failure to issue water bills as set forth above shall not constitute a waiver, relinquishment or forfeiture of any right to payment by the city.
(B) The owner or owners of any real estate served by the municipal water system, as referenced by the taxpayer's identification number, is responsible for the payment of all charges, fees and expenses for providing water service to the property served, regardless of whether such owner is the water customer registered with the city. If payments are not made within 60 days after rendition of the bill therefor, such charges shall be deemed and are hereby declared to be delinquent. Delinquent charges shall constitute liens upon the real estate to which the water service was furnished; provided that the city shall first send to the owner or owners of the real estate, as referenced by the taxpayer's identification number, a copy of each delinquency notice sent to the person who is delinquent paying the charges or rates, or other notice sufficient to inform the owner or owners of record that the charges or rates have become delinquent, and a notice that unpaid charges or rates may create a lien on the real estate. Within ten days after such notice to the owner or owners is sent, the City Treasurer shall file a notice of such lien in the office of the Recorder of Deeds of DuPage County, which notice shall consist of a sworn statement setting out a description of such real estate sufficient for the identification thereof, the amount of money due for water service, and the date when such amount became delinquent. A copy of such notice of the lien shall be sent to the owner or owners of record of the real estate, as referenced by the taxpayer's identification number, and the city shall have the power to foreclose such lien in the same manner and with the same effect as in the foreclosure of mortgages on real estate.
(C) The city shall also have the power, from time to time, to sue the occupant or user of the real estate served by the municipal water system in a civil action to recover the money due for such water services rendered, plus a reasonable attorney's fee to be fixed by the court, and if a judgment is rendered in the city's favor in such action, the lien filed pursuant to division (B) of this section shall no longer exist, and the judgment rendered shall operate as a release and waiver of the lien for the amount of the judgment.
(Ord. 98-09, passed 6-9-98; Am. Ord. 00-57, passed 3-13-01; Am. Ord. 05-04, passed 6-14-05; Am. Ord. 07-04, passed 6-26-07; Am. Ord. 11-30, passed 11-22-11)